Karnataka High Court
WP/35802/2024 of SRI KUPPUSWAMY Vs BRUHAT BENGALURU MAHANAGARA PALIKE on 31 December 2024
2024:KHC:53316 WP No. 35802 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 35802 OF 2024 (LB-BMP) BETWEEN: SRI. KUPPUSWAMY, S/O LATE PERUMAL, AGED ABOUT 56 YEARS, RESIDING AT
Digitally signedby SHWETHARAGHAVENDRALocation: HIGHCOURT OFKARNATAKA
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31[ST] DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
-WRIT PETITION NO. 35802 OF 2024 (LBBMP)
BETWEEN:
SRI. KUPPUSWAMY, S/O LATE PERUMAL, AGED ABOUT 56 YEARS, RESIDING AT NO.11/15, 5TH MAIN, 5TH CROSS, P.P. LAYOUT, BSK III STAGE, BENGALURU - 560085.
…PETITIONER
(BY SRI. ASHOKA T, ADVOCATE)
AND:
1. BRUHAT BENGALURU MAHANAGARA PALIKE BBMP HEAD OFFICE, CORPORATION CIRCLE, HUDSON CIRCLE, BENGALURU - 560 002, REPRESENTED BY ITS COMMISSIONER. BBMP HEAD OFFICE, CORPORATION CIRCLE, HUDSON CIRCLE, BENGALURU - 560 002, REPRESENTED BY ITS COMMISSIONER.
2. ASSISTANT DIRECTOR OF TOWN PLANNING, SOUTH BRUHAT BANGALORE MAHANAGARA PALIKE, JAYANAGAR, BANGALORE - 560 011. SOUTH BRUHAT BANGALORE MAHANAGARA PALIKE, JAYANAGAR, BANGALORE - 560 011.
3. THE ASSISTANT EXECUTIVE ENGINEER, BBMP, GIRINAGARA SUB DIVISION, CHANNAMMANAKERE ACHUKATTU MUNICIPAL BUILDING, BENGALURU - 560 085. BBMP, GIRINAGARA SUB DIVISION, CHANNAMMANAKERE ACHUKATTU MUNICIPAL BUILDING, BENGALURU - 560 085.
…RESPONDENTS
(BY SRI. PAWAN KUMAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 266 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) QUASH ANNEXURE-0A1 DATED 07/08/2020 BEARING NO.SA.KA.NI.A/GI.NA/P.O/07/20-21, ANN-A2 DATED 07/08/2020 BEARING NO. SA.KA.NI.A/GI.NA /P.O./07/20-21 AND ANN-A3 DATED 14/08/2020 BEARING NO.SA.KA.NI.A/GI.NA/P.O/97/20-21 ISSUED BY R3 AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
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ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs:
"WHEREFORE, in the facts and circumstances narrated above the petitioners humbly pray that this Hon'ble Court be pleased to issue direction or Writ or mandamus or any other order . A.Issue writ of certiorari or any other writ quashing Annexure-A1 dated 07.08.2020 bearing No.Sa.Ka.Ni.A/Gi.Na/P.O/07/20-21, Annexure-A2 dated 07.08.2020 bearing No. Sa.Ka.Ni.A/Gi.Na/P.O/07/20-21 and Annexure-A3 dated: 14.08.2020 bearing Sa.Ka.Ni.A/Gi.Na/P.O/07/20-21 issued by respondent No.3 Hon'ble Court be pleased to issue direction or Writ or mandamus or any other order . A.Issue writ of certiorari or any other writ quashing Annexure-A1 dated 07.08.2020 bearing No.Sa.Ka.Ni.A/Gi.Na/P.O/07/20-21, Annexure-A2 dated 07.08.2020 bearing No. Sa.Ka.Ni.A/Gi.Na/P.O/07/20-21 and Annexure-A3 dated: 14.08.2020 bearing Sa.Ka.Ni.A/Gi.Na/P.O/07/20-21 issued by respondent No.3
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WP No. 35802 of 2024
B.Issue writ of certiorari or any other writ quashing Notice dated 05.08.2024 bearing No.Sa.Ka.Ni.A/V.Pee/P.R/139/24-25 vide Annexure-F.quashing Notice dated 05.08.2024 bearing No.Sa.Ka.Ni.A/V.Pee/P.R/139/24-25 vide Annexure-F.
C.Pass necessary orders in the interest of justice and equity".justice and equity".
2. What is challenged in this petition is the notice and subsequent confirmation order passed under Section 321 of the Karnataka Municipal Corporation Act, 1976, which was applicable to the Bruhat Bengaluru Mahanagara Palike (BBMP) as at that point of time. Corporation Act, 1976, which was applicable to the Bruhat Bengaluru Mahanagara Palike (BBMP) as at that point of time.
3. Reserving liberty to the petitioner to challenge the same before the appellate Tribunal, the above petition stands disposed of. above petition stands disposed of.
Sd/- (SURAJ GOVINDARAJ) JUDGE
BMV*
List No.: 1 Sl No.: 56 CT: BHK